{
  "url": "https://openlegislation.uk/montserrat-constitution-order-1989/schedule-2/paragraph-68",
  "json_url": "https://openlegislation.uk/montserrat-constitution-order-1989/schedule-2/paragraph-68.json",
  "legislation": "uksi/1989/2401",
  "legislation_title": "The Montserrat Constitution Order 1989",
  "legislation_url": "https://openlegislation.uk/montserrat-constitution-order-1989",
  "path": "schedule/2/paragraph/68",
  "kind": "paragraph",
  "number": "68",
  "heading": "Interprettation.",
  "text": "(1) In this Constitution, unless the context otherwise requires—\n“Chief Justice” means the Chief Justice referred to in the Supreme Court Order;\n“Chief Minister” means the person appointed as such under section 11(1) of this Constitution;\n“Court of Appeal” means the Court of Appeal established by the Supreme Court Order;\n“Deputy Speaker” means the member of the Legislative Council elected by the Council in accordance with section 36(3) of this Constitution;\n“functions” includes powers and duties;\n“Gazette” means the official Gazette of Montserrat;\n“High Court” means the High Court established by the Supreme Court Order;\n“judiciary” means any Court having jurisdiction in Montserrat and includes any member or officer thereof;\n“law” includes any subsidiary instrument;\n“meeting” means any sitting or sittings of the Legislative Council commencing when the Council first meets after being summoned at any time and terminating when the Council is adjourned sine die or at the conclusion of a session;\n“Minister” means a person appointed as Chief Minister or other Minister under section 11 of this Constitution;\n“minister of religion” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship;\n“public office” means, subject to subsection (2) of this section, an office of emolument in the public service;\n“public officer” means the holder of any public office and includes any person appointed to act in any such office;\n“public service” means the service of the Crown in a civil capacity in respect of the government of Montserrat, but does not include service as a Judge of the Supreme Court;\n“session” means the meetings of the Legislative Council commencing when the Council first meets after its prorogation or dissolution at any time, and terminating when the Council is next prorogued or is dissolved without having been prorogued;\n“sitting” means a period during which the Legislative Council is sitting continuously without adjournment, and includes any period during which the Council is in Committee;\n“Speaker” means the person elected as Speaker by the Legislative Council in accordance with section 36(1) and (2) of this Constitution;\n“Standing Orders” means the Standing Orders of the Legislative Council made under section 46 of this Constitution;\n“subsidiary instrument” means any proclamation, regulation, order, rule or other like instrument having the force of law;\n“Supreme Court Order” means the West Indies Associated States Supreme Court Order 1967.\n(2) For the purposes of this Constitution, a person shall not be considered as holding or acting in a public office by reason only that he—\n(a) is in receipt of any remuneration or allowance as a Minister or member of the Executive Council or as a member of the Legislative Council or the Public Service Commission;\n(b) is in receipt of a pension or other like allowance in respect of service under the Crown; or\n(c) is on leave of absence pending relinquishment of a public office;\nand if it is provided by any law in force in Montserrat that an office (not being an office constituted by this Constitution or the office of member of the Judicial and Legal Service Commission) shall not be a public office for the purposes of this Constitution, this Constitution shall have effect accordingly as if that provision of that law were enacted herein.\n(3) Any person who has vacated his seat in the Legislative Council or has vacated any office constituted by or under this Constitution may, if qualified, again be appointed or elected as a member of that body or to that office, as the case may be, from time to time.\n(4) Except where the context otherwise requires, a reference in this Constitution to the holder of an office by the term designating his office shall be construed as a reference to any person for the time being lawfully performing the functions of that office.\n(5) Where the holder of any office constituted by or under this Constitution is on leave of absence pending the relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto; and where two or more persons concurrently hold the same office by virtue of an appointment made in pursuance of this subsection, the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder thereof.\n(6) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.\n(7) In this Constitution, unless it is otherwise provided or the context otherwise requires—\n(a) any reference to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer, appointments on contract and appointments to act in an office during any period when it is vacant or the holder thereof is absent from Montserrat or is for any other reason unable to perform the functions thereof;\n(b) any reference to power to remove a public officer from office shall be construed as including a reference to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed.\n(8) For the purposes of this Constitution, the resignation of the holder of any office that is required to be addressed to any person shall have effect from the time that it is received by that person.\n(9) Where any power is conferred by this Constitution to make any subsidiary instrument or to give any directions or instructions or make any designation, the power shall be construed as including a power exercisable in like manner to amend or revoke any such instrument, directions, instructions or designation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1967/223, amended by S.I. 1983/1108."
    }
  ],
  "outstanding_effects": [
    {
      "type": "amended (Montserrat constitution)",
      "affecting": "uksi/2000/1339",
      "affecting_title": "The Montserrat Constitution (Amendment) Order 2000"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/2401/schedule/2/paragraph/68",
    "retrieved_at": "2026-10-29T15:30:48.620255+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}